Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While rejecting bail application, Court neither set out facts of case nor mentioned submissions of counsel appearing for both the parties nor reasoning as to why Court does not consider proper to grant anticipatory bail - Impugned order set aside - Matter remanded back to High Court for deciding bail..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in either of proceedings - Even..........
Criminal Procedure Code, 1973, Section 439 -- Bail - High Court has no jurisdiction to direct Sessions Judge to `allow' the application for grant of bail, as judicial independence of every Court in passing orders in cases is well settled, which cannot be interfered with by Court including superior Court...........
Criminal Procedure Code, 1973, Section 407(1)(ii) -- Transfer of case - There is no impediment in transferring a case from Judicial First class Magistrate's Court to Special Court by invoking the power u/s 407(1)(ii) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 389 -- Recalling of order - Order suspending sentence - Error apparent on face of record of said order - No impediment in recalling said order to correct an apparent error - Order rightly recalled...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 468, 471, 447, 34 IPC - Allegedly, accused conspired with co-accused for preparing forged gift deed in respect of disputed land - However, accused in his reply stated that he is residing in Lucknow and has no concern with the disputed land - No evidence on record to show that..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Indian Penal Code, 1860, Section 420, 468, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 60(3), 31(2) - - Double jeopardy - Forgery and tax evasion - Separate proceedings initiated against accused for evasion of tax under IPC and Act of 2005 - Maintainability - As..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Discretion in appointing a Special Public Prosecutor should not be merely left to be decided on political motives, particularly, when the case was politically motivated...........
